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Coolidge v. Coolidge
Vermont Supreme Court
287 A.2d 566 (1971)
- Written by Sean Carroll, JD
Facts
Melvin Coolidge, his wife Carrie Coolidge (plaintiff), and their son (defendant) were conveyed a farm as joint tenants. The three understood the conveyance to mean that the ultimate survivor among the three would own the farm outright. After Melvin died, Carrie moved away from the farm and filed a petition for partition of the farm under a Vermont statute stating that a joint tenant had a right to partition. The son argued that the statute did not apply if the joint tenants had understood that the property would pass to the surviving joint tenant. The trial court granted Carrie’s petition and ordered partition of the farm. The son appealed.
Rule of Law
Issue
Holding and Reasoning (Barney, J.)
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